High Court Of ChhattisgarhMCRC/8494/2021allowed

Ramu Yadav @ Kendi v. The State Of Chhattisgarh

2021-12-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8494 of 2021 Ramu Yadav @ Kendi S/o Shambhu Yadav Aged About 47 Years R/o Ward No. 2, Ledri, Police Station Jhagrakhand Tahsil Manendragarh District : Koriya (Baikunthpur), Chhattisgarh --- Applicant

Versus

The State of Chhattisgarh Police Station Jhagrakhand District : Koriya (Baikunthpur), Chhattisgarh --- Respondent For the applicant : Mr. Hemant Kumar Agrawal, Advocate.

For the Respondent : Mr. Sanjay Pathak, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2021

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 229 of 2021 registered at Police Station Jhagrakhand, District Korea (C.G) for the offences punishable under Sections 354 of IPC and Section 8 of the POCSO Act, 2012.

2. As per the prosecution case, an FIR was lodged to the effect that the applicant used criminal force on minor victim with an intent to outrage her modesty thereby the offence u/s 354 of IPC and Section 8 of the POCSO Act has been committed.

3. Learned counsel for the applicant submits that the victim along with her father appeared before this Court on 01.12.2021 through Video Conferencing from DLSA, Manendragarh (Korea) and submitted that they have no objection to grant of bail to applicant. He further submits

that the charge sheet has been filed and the applicant is in jail since 11.09.2021, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Considering the fact that no objection was made by the victim and her father during their personal hearing through virtual mode and further considering the fact that the charge sheet has been filed and the applicant is in jail since 11.09.2021, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao